No Proof of Illegal Sublet

March 1, 2006

LVT Number: 18723

Landlord sued to evict rent-stabilized tenant for illegal subletting. After pretrial questioning, tenant asked the court to dismiss the case. The court ruled for tenant. Landlord appealed and lost. Landlord showed that the apartment may not be tenant's primary residence. But tenant claimed that she and her roommate had lived in the apartment as a couple since 1994. Landlord offered no proof of the claimed illegal sublet. Landlord's claims may be more properly made in a nonprimary residence case.

Landlord sued to evict rent-stabilized tenant for illegal subletting. After pretrial questioning, tenant asked the court to dismiss the case. The court ruled for tenant. Landlord appealed and lost. Landlord showed that the apartment may not be tenant's primary residence. But tenant claimed that she and her roommate had lived in the apartment as a couple since 1994. Landlord offered no proof of the claimed illegal sublet. Landlord's claims may be more properly made in a nonprimary residence case.

South Pierre Assocs. v. Baron: NYLJ, 2/1/06, p. 24, col. 1 (App. T. 1 Dept.; McCooe, JP, Davis, Schoenfeld, JJ)

Topics

More like this